ICSPR: The Appointment of a Deputy to the President of the Organization and the State of Palestine Lacks Constitutional and Legal Legitimacy

April 29, 2025

Press Release

ICSPR: The Appointment of a Deputy to the President of the Organization and the State of Palestine Lacks Constitutional and Legal Legitimacy

The International Commission to Support Palestinian Rights (ICSPR) expresses its deep concern regarding the decision to appoint Mr. Hussein Al-Sheikh as Deputy to the Chairman of the Executive Committee of the Palestine Liberation Organization (PLO), and also as “Deputy President of the State of Palestine.” This appointment lacks any legal or constitutional basis, as Palestinian legal texts—whether the Basic Law of the PLO or the Amended Basic Law of the Palestinian Authority—contain no provisions allowing the creation of a position such as Deputy President of the State or Deputy Chairman of the Executive Committee. This makes the appointment a clear violation of the principle of legality, which requires an explicit legal provision to permit the establishment of such a position.

Creating high-ranking constitutional positions not stipulated by law, especially in light of the suspension of both the Legislative and National Councils, the continuation of political division, and the absence of national consensus, constitutes a serious overreach within the Palestinian political system. It deepens the existing crisis, promotes unilateralism, and creates potential conflicts in powers and responsibilities, particularly in the event of a vacancy in the presidency, which is regulated by Article 37(2) of the Basic Law, assigning duties temporarily to the Speaker of the Legislative Council, with no mention whatsoever of a “Vice President.”

The ICSPR recalls its previous stance on what was called the constitutional declaration issued on November 27, 2024, through which President Mahmoud Abbas assigned the appointed President of the National Council the authority to assume the presidency in the event of a vacancy and in the absence of the Legislative Council. This constitutes a violation of the PLO’s Basic Law, which does not address this matter, and a blatant breach of the Palestinian Basic Law, which does not grant the President the authority to amend it without the approval of two-thirds of the Legislative Council members—who had been dissolved by the President himself. Furthermore, it is widely recognized that the National Council has no legislative or oversight powers over the institutions of the Authority. This undermines the Palestinian people’s democratic right to elect their representatives to the main leadership positions within the Authority, the PLO, and the State of Palestine through general elections.

This situation underscores the urgent need to rebuild the institutions of the political system—both the PLO and the Palestinian Authority—on the basis of partnership and democracy. This includes adopting a constitution for the State of Palestine, establishing its institutions through practical steps, and holding elections for both its parliament and presidency. Reviving the PLO requires convening a unifying and consensual session of the National Council that includes all political parties and social components. It also demands the regular convening of the PLO’s interim leadership framework and Executive Committee, as well as the activation of all popular unions and organizational departments until a new National Council is elected. For the Authority, this means forming a national consensus or technocratic government to unify the institutions of the Palestinian Authority and carry out its legal duties until legislative and presidential elections are held.

The ICSPR views this appointment as an unconstitutional overreach. It affirms that such a decision does not fall within the powers of President Mahmoud Abbas, as amending the PLO Basic Law is the responsibility of the National Council and requires a two-thirds majority. It is also constitutionally and legally impermissible to bypass the National Council’s powers by granting them to the unelected Central Council, which contradicts national consensus. Leadership positions in the PLO, the Authority, and the State must be filled through democratic elections, or at the very least, through national consensus until elections can be held. The Palestinian Basic Law and the PLO’s Basic Law do not grant the President a lifelong mandate to remain in power. Therefore, the creation of the position of Deputy Chairman of the Executive Committee and the appointment of Hussein Al-Sheikh is illegal and unconstitutional. This step appears to be in response to external demands for reforming the political system, yet it offers no real guarantees of meaningful reform. Rather, it reflects a further deterioration in the absence of democratic will, deepens division, and extends the policies of delaying elections and obstructing the implementation of reconciliation agreements—from the Cairo agreements and Beirut understandings to the Beijing agreement.

The ICSPR reiterates its strong reservations about all laws issued during the period of division, regardless of their nature, subject, or issuing authority. It also recognizes the urgent need to rebuild all components of the Palestinian political system on a democratic basis that enables it to face national threats and challenges, especially in light of the ongoing genocide and Israeli aggression in the West Bank and Jerusalem. The Commission believes that priority should have been given to implementing the Beijing Declaration and agreeing on a national transitional plan that responds to legitimate internal and external demands to reform and rebuild political institutions. This includes agreeing on a government of national competencies, convening a unifying session of the National Council, and rebuilding and unifying national institutions to lead the struggle for national liberation in all forms, strengthen people’s resilience, and achieve the Palestinian people’s main goal of ending the occupation, achieving self-determination, establishing an independent state, and ensuring the return of refugees.

The ICSPR affirms that the current moment must be devoted to unifying Palestinian efforts toward halting the genocide in Gaza, confronting forced displacement schemes, and fighting colonial annexation of the West Bank and the Judaization of Jerusalem. This requires setting aside internal disputes, restoring unity, and agreeing on a national program, strategy, and practical plan under collective leadership to strengthen the Palestinian people’s leverage and capacity to face national threats and humanitarian challenges.

The ICSPR calls on the Palestinian President and all Palestinian authorities and leaders to respect constitutional legitimacy, refrain from violating legal frameworks, restore the legislative and judicial institutions’ role in monitoring sovereign decisions, and end the harmful practices of unilateralism and power monopoly, including illegal appointments and power-sharing quotas. It also urges all political, popular, and trade union forces to continue pressing for an end to the division and to demand comprehensive elections.